Page:United States Reports, Volume 2.djvu/474

468 Cases ruled and adjudged in the
1793. diiiinélion upon the fame footing, as far as may be, as to eoutro•
VVV verlies between them. So alfo, with refpeé} to controveriies be-
tween a State and citizens of another State (at home) comparing
all t' e claufes together, the remedy is reciprocal ; the claim to
'ullice equal. As eontroverlies between State and State, and
between aState and citizens of another State, might tend gra-
- duallyto involve States in war and bloodlhed, a diiintereiled
civil tribunal was intended to be inltituted to decide fuch con-
troverlies, and preferve peace and friendfhip. Further ; if a
State is entitled to jultice in the Foederal Court, againlt a ci.
tizen of another State, why not fuch citizen againit the State,
when the fame language equally comprehends both? 'I`he
rights of individuals and the juitice due to them, are asdear
and precious as thofe of States. Indeed- the latter are found-
ed upon the former; and the great end and objeé} of them
mult be to fecure and fupport the rights of individuals, or
clfe vain is Government. ‘
But Hill it may be inlilled, that this will reduce States to
mere corporations, and take away all fovereignty. As to cor-
porations, all States whatever are corporations or bodies politic.
The only queiiion is, what are their powers ? As to indivi-
dual States and the United States, the Conliitution marlts the
boundary of powers. ‘•Vhatever power is depolited with the
Union by the people for their own necellirry fecurity, is fo far a
curtailing of the power and prerogatives of States. This is,
as it were, a l`elf·evident propolition; at leail; it cannot ho
ecntelted. Thus the power of declaring war, making peace,
railing and fnpporting armies for public defence, levying duties,
excifes and taxes, if neceffary, with many other powers, are
lodged in Cangrqi; and are a melt eifential abridgement of
State fovereignty. Again;the rcliriflions upon States; ** No
State {hall enter into any treury, alliance, or confiderattbn, coin
money, emit bill: y' credit, male any tlaing but gold andjlver a
· tender in payment of debts, pzjr any law impniring the obligation
_ of r¤ntraé7:·;" thefe, with a number of others, are important
" ` _ reitriftions of the power of States, and were thought necef-
{ary to maintain the Union; and‘t0 eliablifh fome fundamental
uniform principles of public juftice, throughout the whole
Union. So that, Itliinlt, no argument of force can be taken
from the fovereigniy of States.- Where it has been abridged,
it was thought nece ary for the reater indifpenfable good ofthe
whole. lf the Coniiitution is Eiund inconvenient in praélice
in this or an‘y other particular, it is well that a regular mode is
ointed out oramendment. But, while it remains, all oflices
legillative, Executive, and Judicial, both of the States and
_ of the Union, are bound by oath to fupport it.
Ont